Florida voters on Tuesday voted down the proposed constitutional amendment that would have legalized recreational marijuana in the Sunshine State, denying the measure the 60% majority threshold needed to pass.
Support for Amendment 3, legalizing recreational marijuana, stood at 55.7%, versus opposition of 44.3%, when the Associated Press called the race after 8:30 eastern time, with about 90% of the ballots counted.
Amendment 3 would have legalized recreational marijuana for adults 21 and over, allowing people to possess up to 85 grams of cannabis or five grams of concentrate.
The measure, which would have authorized medical marijuana treatment centers to sell cannabis for recreational use as well, would have taken effect six months after Election Day.
In 2016, a strong majority of Floridians, 71% supported the adoption of a medical marijuana amendment in the state constitution, but two years earlier, the amendment did not meet the supermajority threshold to be enshrined in the constitution.
Republican Gov. Ron DeSantis campaigned heavily against Amendment 3, criticizing the corporate interests lobbying in favor of the constitutional change.
“One mega marijuana corporation has poured over $140 million into Amendment 3. That’s not a charitable donation in the best interests of Florida—it’s a publicly-traded company trying to maximize profits for their own shareholders, by securing special privileges and permanent carve-outs in our constitution,” said DeSantis on X Monday afternoon.
Trulieve, a Canadian medical marijuana dispensary company that dominates the Florida market, donated more than $113 million as of mid-October to the Smart and Safe Florida Committee in support of the amendment.
The committees opposed to Amendment 3 received only about $24 million in contributions, half of which came from billionaire CEO and Republican megadonor Ken Griffin, who backed DeSantis over former president Donald Trump during the 2024 primary season.
Trump, a Florida resident, has said publicly that he would vote in support of Amendment 3, saying that marijuana legalization has to come through “smart regulations, while providing access for adults, to safe, tested products.”
Federally, marijuana is still classified as a Schedule I drug, along with heroin and ecstasy, under the Controlled Substances Act.
Schedule I drugs, according to the Drug Enforcement Agency, have no accepted medical use and have a high potential for abuse. Federal charges for possession or intent to distribute Schedule I drugs can be severe.
The DEA this spring began the process of downgrading marijuana to a Schedule III drug following the directive from President Joe Biden in 2022 to reevaluate federal policies on cannabis.
Schedule III drugs, including ketamine and certain anabolic steroids, are acknowledged to have medical purposes and are not deemed as highly addictive as Schedule II and Schedule I substances.
Only 24 out of all 50 states have legalized recreational marijuana, but 38 have legalized medical marijuana use.
This year, North Dakota and South Dakota also had recreational marijuana amendments on the ballot. Nebraska had a medical marijuana measure on the ballot, which is often a gateway to recreational legalization.
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